DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2019/4579)

VEOLIA ENVIRONMENTAL SERVICES BANKSMEADOW TRANSFER TERMINAL ENTERPRISE AGREEMENT 2019 - 2023

Waste management industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 DECEMBER 2019

Application for approval of the Veolia Environmental Services Banksmeadow Transfer Terminal Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Banksmeadow Transfer Terminal Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Veolia Environmental Services (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Waste Management Award 2010 is incorporated into the Agreement by way of clause 4. However, the Award was not made available to the employees nor were the employees given access to the Award during the access period prior to voting upon the Agreement. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2019. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd, an employer, sought approval of an enterprise agreement with its employees. The application was brought before the Fair Work Commission, which was required to determine if the proposed agreement was in the best interests of the employees. The Commission needed to consider if the agreement met the requirements of the Fair Work Act 2009 and if it was appropriate given the circumstances.

The primary legal issue before the Commission was whether the proposed agreement was in the best interests of the employees. This involved examining if the agreement was fair and reasonable, and if it provided for the employees' rights and entitlements. The Commission also had to consider if the agreement met the statutory requirements, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms.

The Commission found that the proposed agreement was in the best interests of the employees. It noted that the agreement provided for fair and reasonable terms and conditions, and that it met the statutory requirements. The Commission also found that the agreement provided for appropriate dispute resolution mechanisms, and that it was an appropriate agreement given the circumstances. The Commission approved the application, and the enterprise agreement was registered.

The Commission's decision was based on a comprehensive analysis of the proposed agreement and the relevant legislation. The Commission found that the agreement was fair and reasonable, and that it met the statutory requirements. The Commission also noted that the agreement provided for appropriate dispute resolution mechanisms, and that it was an appropriate agreement given the circumstances. The Commission approved the application, and the enterprise agreement was registered.

Veolia Environmental Services (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established